The Fourth Plenary Session of the 16th CPC Central Committee proposed that we should adapt to the profound changes in our society, put the construction of a harmonious society in an important position, focus on stimulating social vitality and promoting social fairness and justice. Comrade Hu Jintao's special study on improving the ability of provincial and ministerial leading cadres to build a harmonious socialist society
In his speech, Qiu expounded six characteristics of a harmonious socialist society, namely, democracy and the rule of law, fairness and justice, honesty and friendship, vitality, stability and order, and harmony between man and nature. Based on the importance of social fairness and justice, in the process of building a harmonious Wuxi and Wuxi ruled by law, we must strengthen the special research on social fairness and justice, and explore feasible and effective ways to maintain and realize social fairness and justice in combination with the reality of Wuxi and the inherent requirements of governing the city according to law.
First, the connotation of social fairness and justice
Under the background of building a socialist market economy, a country ruled by law and a harmonious society, the issue of social fairness and justice is a very complicated and challenging topic. As some scholars have pointed out, "Justice has an ever-changing face, which is changeable and can take on different shapes at any time and has a very different look". ① The standard of social fairness and justice is historical and concrete, and its connotation is very rich and constantly changing. From the perspective of sociology and economics, social fairness and justice require that the economic income, consumption level and social status of social members are relatively close, and the gap is not too big. From the legal point of view, social fairness and justice is the correspondence and unity of rights and obligations. From the ethical point of view, social fairness and justice is a personal virtue or a reasonable satisfaction of human needs. Comrade Hu Jintao's exposition that "fairness and justice is to properly coordinate the interests of all sectors of society, correctly handle contradictions among the people and other social contradictions, and effectively safeguard and realize social fairness and justice" summarizes the basic requirements of social fairness and justice in China at present. Specifically, social fairness and justice include equal rights, fair distribution, equal opportunities and judicial justice.
Second, the dialectical relationship between building a harmonious society and a country ruled by law and maintaining and realizing social fairness and justice.
The foundation of social harmony and the essence of the rule of law lie in social fairness and justice. Maintaining and realizing social fairness and justice is the most basic principle of building a harmonious society and a country ruled by law. The ancient Greek philosopher Pythagoras once said, "We must be just. Unfair destruction of order and harmony is the greatest evil. " At present, in the process of building a harmonious Wuxi and Wuxi ruled by law, we must fully understand the relationship between social harmony and fairness and justice and truly achieve dialectical unity and coordination.
(A) fairness and justice is an important prerequisite and basic feature of social harmony and prosperity of the rule of law. A harmonious socialist society and a country ruled by law are societies with fairness and justice as their core values. In his speech at the seminar on improving the ability of leading cadres at the provincial and ministerial levels to build a harmonious socialist society, Comrade Hu Jintao emphasized that a harmonious socialist society is a fair and just society, and social equity must be placed in a more prominent position.
(2) Fairness and justice are the important foundation of institutional arrangement and innovation in the process of building a harmonious society and a country ruled by law. Only by following the principle of fairness and justice can institutional arrangements, innovations, decisions and measures be widely recognized and supported by all sectors of society, laws can be universally observed, social resources can be effectively integrated, and most members of society can benefit from them, thus truly reducing social instability.
(3) Fairness and justice are the inherent requirements of social harmony and prosperity of the rule of law. To build a harmonious socialist society and a country ruled by law, fairness and justice are the proper meaning and inevitable requirement in the topic. Without fairness and justice, society cannot be honest, friendly, stable, orderly and full of vitality. At the same time, we should also realize that only in a harmonious society and a country ruled by law can fairness and justice be realized.
(D) Maintaining and realizing fairness and justice is an important task in building a harmonious society and a country ruled by law. At present, there are still some social injustice phenomena in the process of China's reform and development, such as the gap between the rich and the poor, the gap between urban and rural areas, the large regional gap, and the uncoordinated economic and social development, which have affected harmony and stability to some extent. To fundamentally solve these problems, not only through economic development, but also through legal channels. Therefore, maintaining and realizing social fairness and justice has become an important task of building a harmonious socialist society.
Third, the main problems of social fairness and justice and their harmfulness
To build a harmonious society and a country ruled by law, we must face up to some disharmonious factors in the current society. Over the past 20 years of reform and opening up in China, with the rapid economic development, social injustice has gradually emerged, mainly in the following aspects:
(1) unfair distribution. The policy of enriching the people put forward by Comrade Deng Xiaoping contains the idea of encouraging some regions and some people to get rich first and finally achieve common prosperity. However, in some places, dialectics is not emphasized, resulting in the gap between the rich and the poor, the gap between urban and rural areas and the gap between regions. According to the relevant investigation in the book "2003: Analysis and Forecast of Social Situation in China" by China Academy of Social Sciences, in 2002, the problem of income gap ranked first in the judgment of leading cadres on existing social problems.
(2) Employment and employment are unfair. There are some discriminatory practices in gender, registered permanent residence and physiology in the process of employment. A case of hepatitis B discrimination occurred in Wuhu, Anhui Province, which attracted wide attention from all walks of life. The phenomenon of buying and selling officials still exists, and some of them have constituted duty crimes. For example, a few party and government leading cadres who have been investigated and dealt with in the past two years have committed corruption and bribery, abused power for personal gain, and bought and sold officials, resulting in unfair distribution of power and status.
(3) Education is unfair. The main manifestations are: the enrollment rate of different social groups in all levels of education, especially higher education, is unfair; Individuals in the same social group have unfair opportunities to develop their potential; The proportion of children of farmers in colleges and universities, especially in key colleges and universities, has decreased, while the proportion of poor students has increased. As far as Wuxi is concerned, in terms of higher education, it can not enjoy the high enrollment rate in Beijing, Shanghai and other places, nor can it enjoy the low admission standards in underdeveloped areas in the west. At the same time, the education of children of vulnerable groups is more prominent, and it is difficult for children of poor farmers and migrant workers to enter school.
(4) Social security is unfair. Relatively speaking, the social security situation of state organs and institutions has gradually improved, while the social security work of employees in non-state-owned units, especially in rural areas, has been slow and unsatisfactory, and the corresponding security provided by the government is very limited. It can be said that rural areas are basically excluded from the social security system, and the problems of "difficulty in seeing a doctor" and "returning to poverty due to illness" are quite prominent. In some places, the medical insurance reform of state organs is relatively thorough, but the supporting measures have not kept up. At the same time, some units still implement the old methods, and the problem of unfair medical insurance is obvious.
(5) Unfair legislation. Mainly manifested in the following aspects: the composition of the legislature is not reasonable, a considerable number of people come from the political, economic and intellectual elite, and local and departmental protectionism is relatively strong. It is difficult for vulnerable groups, mainly poor farmers, migrant workers and laid-off workers, to directly participate in the legislative process, which is not conducive to effectively safeguarding their legitimate rights and interests. Some legal provisions do not meet the requirements of protecting citizens' legitimate rights and interests.
(6) judicial injustice. In some places, problems such as lax law enforcement and lack of attention to procedures and human rights occur from time to time. Outstanding performance is: the case is not established, the guilt is not investigated, punishment is substituted for punishment, compulsory measures are taken in violation of the law, prolonged detention, guilt and innocence, a light sentence for a felony, improper punishment for a crime and punishment, trading power and money, substituting punishment with punishment, bending the law, commutation, parole and medical parole in violation of the law, and the masses have a strong reaction. For example, in recent years, the procuratorial organs have investigated and dealt with many cases of duty crimes committed by judges in a city's intermediate court, and the problems such as judicial injustice and dishonesty reflected in them are thought-provoking and thought-provoking.
(7) Poor protection of private rights. In practice, it is mainly manifested in seizing private rights and property in the name of public interests, or failing to provide effective judicial relief in time after private rights are infringed. For example, some local governments expropriate farmers' land at a low price in the name of national and public interests, and then transfer it to developers at a low price, or transfer farmers' land at an open market price, but get the difference from it, which harms farmers' legitimate rights and interests.
Fourth, the countermeasures to maintain and realize social fairness and justice.
It is an important and urgent task to deeply understand and analyze the current development and changes of Wuxi's economic and social structure and interests, improve local laws and policies, properly coordinate the interests of all sectors of society, and safeguard and realize social fairness and justice.
(A) establish a scientific concept of harmony and justice. The so-called harmony and justice is "the same law of * * * to adjust all aspects of mutual objective existence in order to realize the harmonious development of all beings." Harmony and justice that combines truth, goodness and beauty is the golden rule to balance the value of all things, and it is the platform for the integration of procedural harmony and justice and substantive harmony and justice. "(2) Specifically, we should focus on three points: First, promote the realization of fairness through comprehensive, coordinated and sustainable development. Take the process of economic, social and legal development as the process of pursuing and realizing fairness, and enhance the degree of realizing fairness in the dynamic development. The second is to strengthen supervision and maintain fairness and justice. " Supervision is the most basic means to adjust social relations in a civilized society, and its degree of exertion determines the degree of social fairness and justice in a certain sense. In view of all kinds of violations of social public resources in the operation of market economy and the abnormal phenomenon that some people use social public power for personal gain, a perfect social supervision system must be established. "Through effective supervision, we will gradually eliminate policy obstacles and man-made obstacles to fairness and justice, and at the same time intensify anti-corruption efforts to reduce the negative impact of abuse of power for personal gain on the gap between the rich and the poor and the psychology of vulnerable groups. The third is to fully understand the historical and relative nature of fairness and prevent it from being equated with egalitarianism or pursuing fairness out of specific historical conditions.
(2) Put the maintenance and realization of fairness and justice in a more prominent position in social development. "Maintaining and realizing social equity involves all fields of social life and the fundamental interests of the overwhelming majority of the people. Distribution justice belongs to the field of production relations, while equality of rights and judicial justice mainly belong to the field of superstructure. Therefore, the fairness of a society has a great reaction to the development of productive forces. " Moreover, the purpose of the reform of economic system, political system and judicial system is to better safeguard and realize social fairness and justice. While emphasizing that development is the last word and deepening reforms in all aspects, we should put the maintenance and realization of social fairness and justice in a more prominent position. Only by maintaining and realizing social fairness and justice can the development of economy, society and the rule of law have a solid foundation. Otherwise, it will be difficult to handle the relationship between reform, development and stability, which will affect the healthy development of economy, society and the rule of law.
(3) Maintain and realize administrative justice. Market behavior is the main means to achieve efficiency, while government behavior is the main means to achieve social equity. "From the logic of market economy, it should be the same. Because the real market economy logic is: efficiency is arranged by the market and fairness is managed by the government. " Practice shows that if the government does not adhere to fairness and justice, social fairness and justice will be seriously lacking. At present, we should focus on four aspects: shifting our attention from the reform of state-owned enterprises to the construction of social security and welfare, and paying attention to maintaining and realizing social equity; Solve social equity and related issues from the system, such as the three rural issues and the reform of land, finance and taxation systems; Coordinate the interests of all social strata, solve the problem of primary distribution from the source, and strengthen the macro-control of income distribution by the state; In the construction of the rule of law, fairness and justice need to be maintained and realized by the government, and whether the government can administer according to law is related to the realization of fairness and justice.
(4) Maintain and realize judicial justice. It is the unshirkable responsibility of the judicial organs to safeguard the unity and dignity of the Constitution and laws and promote the realization of fairness and justice in the whole society. To a certain extent, the core of ensuring fairness and justice in the whole society is to realize judicial justice. The report of the 16th National Congress of the Communist Party of China clearly stated that "to promote the reform of the judicial system, the socialist judicial system must guarantee the realization of fairness and justice in the whole society". To this end, we must improve the institutional setup, division of powers and management system of judicial organs in accordance with the requirements of fair justice and strict law enforcement, and further improve the judicial system with clear rights and responsibilities, mutual cooperation, mutual restraint and efficient operation. Systematically ensure that judicial organs and procuratorial organs independently and impartially exercise judicial power and procuratorial power according to law. Strengthen supervision over judicial work and punish corruption in the judicial field. At present, we should attach great importance to the role of judicial organs in solving social contradictions, respect judicial authority, ensure judicial justice, and create a good judicial environment for building a harmonious Wuxi and Wuxi ruled by law. Judicial organs should also earnestly shoulder their responsibilities, correctly handle contradictions among the people, meet the people's reasonable demands, resolve all kinds of contradictions and disputes, safeguard and realize social fairness and justice, promote social harmony and stability, and advance the process of governing the country according to law.